i^HousE  Bill  ] 

HOUSE  OF  REPRESENTATIVES,  Feb.  10,  1864.— Read  first 
and  second  times,  postponed,  placed  on  the  Calendar,  ordered  to  be 
printed,  and  made  special  order  for  Saturday  morning  next. 

[Bjr  Mr.  Clark,  from  Committee  on  Deceased  Soldiers'  Claima.] 


J^   BILL 

To  ht;   entitled  •*  An   Act   to   facilitate    the   settlement  of  claims  of 
deceased  officers  and  soldiers. 

I  Section  1.    The  Congress  of  the  Confederate  States  of  America  do 

t  enact,  That  there   shall  be   appointed  by  the   President,  by  and 

5  with  the  advice  and  consent  of  the  Senate,  an  additional  officer 
•1  for  the  Treasury  Department,  to  be  called  the  fourth  Auditor  of 
o  the  Treasury,  who  shall  be  charged  with  the  auditing  of  the  claims 

6  of  deceased  officers  and  soldiers  in  accordance  with  the  laws  relat- 

7  ing  thereto,  and  who  shall  receive  for  his  services  a  salary  of 

8  dollars  per  annum ;  and  the  clerical  force  in  said  office  shall  cou- 

9  sist  of  one  chief  clerk,  with  a  salary  of  dollars  per  annum ; 

I  tJ  and  a  register  with  a  salary  of         dollars  per  annum ;  and  one 

I I  ijuperintendent  of  division  for  each  State,  with  a  salary  of 

12  dollars  per  annum  each;  and  such  other  clerical  force  as  may  be 

13  deemed  necessary  by  the  Secretary  of  the  Treasury  to  expedite 


14  the  business  of  this  Bureau,  and  with  such  salaries  as  are  now 

13  allowed  to  similar  clerkships  in  the  other  Auditors  offices. 

1  Sec.   2.  Be  it  fu)ther  enacted,    That  the  office  of  the  fourth 

2  Auditor  shall  be  divided  into  separate  divisions  of  claims  for 

3  each  State,  with  a  superintendent  for  each  division :  Fruvidedf 

4  That  the  claims  for  the  States  of  Arkansas,  Missouri,  Kentucky, 

5  Maryland  and  Tennessee,  shall  be  included  in  the  division  for 

6  Tennessee,  and  shall  be  under  the  charge  of  the  superintendent 

7  for  that  State,  and  that  each  of  said  superintendents  shall  be  a 

8  citizen   of  the   State   represented  by  his  division,  and  shall  be 

9  selected  with  strict  reference  to  his  experience  and  qualifications 
10  in  his  department, 

1  Sec.  3.  Be  it  further  enacted,  That  the  claims  tiled  from  auy 

2  State  shall  be  settled  in  the  division  for  such  State,  in  accordance 

3  with  the  laws  and  rules  heretofore  controlling  in  the  office  of  the 

4  second  Auditor,  and  in  accordance  with  such  orders  and  regula- 

5  tions  as  may  be  hereafter  issued  and  approved  by  the  Secretary 

6  of  War :   Provided,   That  the  fourth  Auditor  shall  have  discre- 

7  tionary  power,  equitably,  to  determine  and  amend  immaterial 
3  omissions  or  points  of  evidence,  when  satisfied  of  the  justice 
9  thereof,  so  as  to  avoid  the  suspension  of  claims  for  trivial  causes  : 

10  Provided  further.  That  the  claims,  when  so  settled,  shall  not  be 

1 1  subjected  to  reference  or  the  revision  of  any  other  officer  of  the 

12  Government  whatever. 


6 

1  Sec.  4.     he  it  further  enacted,  That  the  Fourth  Auditor  and 

2  the  Superintendent  of  the  Division  for  each  State  shall  have  free 

3  access  to  the  rolls,  records,  books,  &c.,  in  any  of  the  Depart- 

4  ments  for  the  use  of  said  Division;  and  it    shall  be  the  duty  of 

5  the  Quartermaster  General  to  file  the  pay  rolls  received  in  his 

6  office  in  the  office  of  the  fourth   Auditor,  to  be  used  in  the  divi- 

7  sions  for  the  States  to  which  the  troops  so  paid  belonged,  as  soon 
d  after  the  reception  thereof  as  the  business  of  his  office  will 
9  permit ;  and  the  superintendents-  of  said  divisions  ahall  classify 

10  the  same  according  to  the  companies,  battalions,  regiments,  &c., 

1 1  from  said  State,  and  keep  the  same  separately  for  such  compa- 

12  nies,  battalions,  kc,  in  order  for  convenient  access  thereto. 

1  Sec.  6.     Be  it  further  enacted.  That  the  fourth  Auditor  shall 

"2  immediately  cause  each  State  division  to  be  provided  with  a  book 

3  of  record,  showing  the  name,  rank,  company  and  regiment  of 

4  every  officer  or  soldier  who  has  died  or  been  killed  in  the  service 

5  of  the  Confederate  States  from  each  State,  and  also  showing  the 
iJ  date,  cause  and  place  of  death,  and  his  last  payment,  and  by 

7  whom,  with  payment  for  bounty  and  other  allowances,  and  exhi- 

8  biting  a  final  statement  of  amount  due  from  or  to  the  Confederate 

9  States  for  all  pay,  clothing,  bounty,  allowances,  or  receipts,  on 

10  account  of  such   deceased   soldier;    and   to    enable   the   fourth 

1 1  Auditor  to  perfect  said  books  of  record  speedily,  it  is  hereby 

12  made  the  especial  duty  of  all  officers  of  Government  whatsoever 


6 

13  to  reupoud  lustantly  ami  fully,  as  far  a;,  tlieir  records  will  per- 

14  mit,  to  any  calls  for  such  inforiDaiion  from  the  fourtli  Auditor; 

16  ;ind,  for  said   purposo,  the   foarth   Auditor  i3   hereby   further 
Ili  authorized  to  send  an  agent  for   eaoh   State  to  the   troops  in  the 

17  field  from  said  State,  and  to  wliom  transportation  for  this  purpose 
1»  shall  be  granted,  to  obtain  from  the  various  commanders  tinal 
19  statements  of  deceased  soldiers,  and  Esid  lists,  when  so  obtained, 
iU  shall  be  taken  and  used  as  evidence  in  the  settlement  of  claims: 
21  PruviiUd,  That  where  such  cannot  be  or  have  not  been  ascer- 
2i  tained,  the  fourth  Auditor  shall  have  and  exercise   the  equitable 

23  discretionary  power  named  in  the   third   section  of  this  act,  the 

24  intent  and  meaning  of  which  is  to  facilitate  the  settlement  of  the 
35  claims  of  deceased  soldiers  without  delay. 

I  Sec.   t>.     Be  it  further  tnacted.  That  where   any   State  shall, 

i  by  legislative    enactment,   cause    the    appointment  of  a  special 

3  agent  to  adjust  and  settle    the  claims  of  its  deceased  soldiers, 

4  such  agent  shall  have  free  access  to  investigate  said  claims  at  all 

5  times,  shall  be  empowered  to  take  and  certify  testimony  as  a 
d  judicial  officer,  and  in  case  of  immaterial   omissions  iu  forms  of 

7  application,  date  of  death,  or  other  incorrect  description,  where 

8  the   substance   and  justice    of   the    claim    and   the  identity  of 

9  the  deceased  and  claimant  are  ascertained  to  the  satisfaction  of 

10  the  superintendent  of,  the  State  division,  may  in  conjunction 

11  with  said  superintendent,  where    both    are  agreed,  supply  the 


1^  jieces.MHry  points  by  mutual  oertificace  to  the    .Vnrlitor,  who  may 

lc>  allow  the  same  as  sufficient  evidence. 

1  Sicc.  7.  Be   it  fuither  enacted.  Thnt    in    case    when    there    is 

2  neither  widow,  child,  or  children,  father,  and  mother,  the  arrears 

3  of  pay,  (fee,  due  to  any  deceased  officer  or  soldier  may  he  paid  to 
•1  to  the  brothers  and  sisters  equally  upon  isnch  proof  as  ia  now 
5  required  of  said  widow,  child,  or  children,  etc,  by  existing  laws. 

1  Sec.  8.  Bi  it  fvrtlur  enacted.  That  the  certificates  issued  on 

2  soldier's  claims  shall  be  paid  by  any  paymaster,  or  quartermaster, 

3  or  the  Treasurer  of  the  Confederate   States  on   presentation  and 

4  in  preference  to  any  other  accounts  ;  that  they  shall   bo  made 

5  payable  alone  to  the  ascertained  reprosentative  or  his  executor 

6  or  administrator,   and   not  to  attorneys  or   other  parties.     But 

7  may  be  assigned  by  the  claimant  in  writing  thereon  to  any  other 

8  individual. 

1  Sec.  9.  Be  it  further  enacted.    That  the   appointments,  other 

3  than  those  at  present  employed  in  the  settlement  of  these  claims, 

3  shall  be  from  persons  not  liable  to  conscription,  and  that  said 

4  auditor  and  his  clerks  shall  hereafter  be  entirely  exempt  from 

5  military  duty,  except  such  as  may  be  required  in  the  preserva- 

6  tion  and  defence  of  the  public  property  in  their  charge. 

1  Sec  10.  Be  it  further  enacted.  That  in   case  of  doubt  arising 

%  in  the  interpretation   of  this  act,  the  Fourth   Auditor  shall  be 


0 

3  authorized  to  obrain  the  opinion  of  che  Attornoy  General,  through 

4  the  Secretary  of  the  Trf  U'^nvy. 

1  Sec.  II.    Be  it  fvrther  enacted.  That  when  claims  are  filed  in 

2  the  office  of  the  Fourth  Auditor  it  shall  he  his  duty  to  acknowl- 

3  edge  the  receipt  thereof  forthwith,    and,  if  they  are  foimd  to  be 

4  materially  defective  in  preparation    or   evidence,  he   must  cause 

5  them   to  be   returned   forthwith   to  the   claimants  with   special 

6  instructions  for  amendment. 

1  Sec.  12,  Be  it  further  enarttd.    That  when  it  i»  proven  that 

2  ;iny  officer  or 'soldier  was  wounded  and  fell  into  the  hands  of  the 

3  enemy  and  nothing  has  been  h^ard  from  such  wounded  officer  or 

4  soldier  for  six  months,  thi.«  fact   shall  be  deemed  sufficient  to 

5  presume  death  at  the  time  when  wo,unded  ;  and  the  claim  shall 
r>  be  auditM  find  paid  as  if  the  death  had  been  returned  by  the 
T  proper  officer. 

1  SjTf    l;").    Be  it  further  enacted.  That  all  existing  laws  conflict- 

2  ing  with  tliis  act  are  hereby  repealed. 


